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Re:Lavabit returning in 19 days by geocar on Sunday January 01, 2017 @10:02AM (#13295926)
If you find yourself in such a situation, you should consult with an attorney: Telling your CISO may put you and them at risk that you cannot understand.
Re:Lavabit returning in 19 days by danarmak on Sunday January 01, 2017 @10:21AM (#13295996)
Firstly, if it is illegal to tell the CISO about the NSL, it may also be illegal to tell some details to an attorney. At least, by going to an attorney, you're already taking some legal risk, in addition to incurring the extralegal wrath of the FBI.

Secondly, the FBI can serve an NSL to the CEO, a separate one to the CISO, and so on down the chain to the tech people whose job would be to fulfill the order. They can choose to serve one or some or all of these orders, and they can order some served people to cooperate and others to keep silent or lie to one another. It's not feasible to expect all of these people, some of whom are not officers of the company, to consult lawyers.

Re:Lavabit returning in 19 days by geocar on Sunday January 01, 2017 @10:37AM (#13296050)
The FBI has some good material on this subject[1] and specifically permits you to disclose the NSL to your attorney so that you can comply with it.

Something important to understand is that non-disclosure is not an automatic feature of the NSL, but that disclosure binds the parties to the terms in the NSL.

[1]: https://vault.fbi.gov/National%20Security%20Letters%20%28NSL...

> Secondly, the FBI can serve an NSL to the CEO, a separate one to the CISO, and so on down the chain to the tech people whose job would be to fulfill the order

Yes, they can, however that's not what happens. The general council may advise the CEO to disclose certain requirements or aspects of the NSL to the CISO or to other parties for the purposes of complying with the NSL. They will almost certainly not recommend disclosing or distributing the NSL "down the chain to the tech people".

Re:Lavabit returning in 19 days by danarmak on Sunday January 01, 2017 @11:34AM (#13296203)
> They will almost certainly not recommend disclosing or distributing the NSL "down the chain to the tech people".

I meant they might target the tech people directly from the start - or someone who isn't a C-level executive, anyway - if they think the CxOs would go to a lawyer and the lower level people would just comply.

Re:Lavabit returning in 19 days by geocar on Sunday January 01, 2017 @12:14PM (#13296324)
No. They will deliver the letter to the secretary, general council or a named director. They will not send it to "the tech people" directly.
Re:Lavabit returning in 19 days by SpaceManiac on Sunday January 01, 2017 @10:19AM (#13295989)
While maybe literally true, "risk that you cannot understand" is a little overthreatening. Are you implying extrajudicial financial ruin, torture, murder? I doubt it, so what?
Re:Lavabit returning in 19 days by geocar on Sunday January 01, 2017 @10:47AM (#13296077)
I'm trying not to imply anything, because every situation is different. Nevertheless, violating a federal order could have serious consequences, and if you need advice on this subject, you should talk to an attorney about it.
Re:Lavabit returning in 19 days by dingaling on Sunday January 01, 2017 @11:17AM (#13296154)
Do you think the average retained attorney will be well-versed in the subtleties of NSL disclosure?

The point being made upthread is that there is no black and white guidance, there is no secret NSL Guide Book for attornies.

Re:Lavabit returning in 19 days by geocar on Sunday January 01, 2017 @12:13PM (#13296316)
Yes, actually I do. Gag orders aren't unique to the NSL and if your attorney believes the case is too complicated they will be able to help you find a specialist.

The FBI does in fact has some guidance that your attorney will be able to locate[1]

[1]: https://vault.fbi.gov/National%20Security%20Letters%20%28NSL...